Disability and temps rights
ALL EMPLOYERS SHOULD be aware of new legislation that will extend the number of medical conditions falling under the legal definition of disability. The Disability Discrimination Act 2005 was introduced to widen the scope of preceding discrimination laws.
The original act in 1995 established the framework of legislation that requires employers to prevent discrimination in the workplace. Initially, organizations employing 15 employees or fewer were excluded, but the law was subsequently extended to cover all employers.
The 2005 act increased the area covered again, this time by recognising a broader range of medical conditions that qualify for protection. It also requires public bodies to be more proactive in promoting positive attitudes towards disabled people and place stricter constraints on advertisements.
Medical conditions to be treated as a disability will include cancers, HIV and multiple sclerosis, from the point of diagnosis where such conditions are deemed progressive. The problem of whether mental illness is covered – one which has presented difficulties for both employers and employment tribunals – is also addressed by the new law.
Previous legislation determined that, to be covered, conditions must be well-recognised by such experts as the World Health Organisation. The new legislation removes this criterion.
Clearly, the scope, and potential pitfalls, of disability discrimination are widening and, therefore, even greater consideration is required in employment policies and practices.
Do temps have any rights?
Well yes, all temps have rights. But exactly what they are may not be so clear.
We’re often asked for advice about the status of temporary staff. It is particularly important to define their status – are they employed directly by the company or not?
The first, and perhaps most important, point to make is that all temps have rights, although these do differ depending on who the employer is. A business can employ temps directly by offering them either a definite or indefinite period of employment. If that period is for eight or more weeks, they will need a Statement of Terms and Conditions, similar to that given to permanent staff. It should clearly confirm the period of notice to be given by either side, which may only be a week. Of course, the temp will be entitled to accrue holiday entitlement, which may be calculated at 8.33 per cent of the hourly rate for each hour worked, paid either during the employment or at the end.
While temps working for fewer than eight weeks do not require a statement, it is sensible to confirm the terms of employment in a letter so that these are clear.
Once temporary employees have worked for the same employer for 12 months, they acquire unfair dismissal rights in line with permanent staff and are protected by much of the current employment legislation covering, for example, discrimination and maternity rights.
So, in terms of employment protection, it would seem to work to a company’s advantage to use the services of temps through an agency. But, that may be changing. In recent years, employment tribunals considering unfair dismissal claims by temps have looked at their circumstances and determined that, with the exception of how they are paid, they have the same characteristics as employed staff. Consequently, they are entitled to employment rights.
Concerned about the lack of rights for temps, the EU was due to enact legislation to provide additional protection in the form of the Temporary Agency Workers Directive, but at the moment this initiative has stalled.
Practices are advised to review their approaches to the use of temps, either directly employed or via agencies, to ensure there is clarity in the terms of engagement and that service-acquired rights are recognised.
The original act in 1995 established the framework of legislation that requires employers to prevent discrimination in the workplace. Initially, organizations employing 15 employees or fewer were excluded, but the law was subsequently extended to cover all employers.The 2005 act increased the area covered again, this time by recognising a broader range of medical conditions that qualify for protection. It also requires public bodies to be more proactive in promoting positive attitudes towards disabled people and place stricter constraints on advertisements.
Medical conditions to be treated as a disability will include cancers, HIV and multiple sclerosis, from the point of diagnosis where such conditions are deemed progressive. The problem of whether mental illness is covered – one which has presented difficulties for both employers and employment tribunals – is also addressed by the new law.
Previous legislation determined that, to be covered, conditions must be well-recognised by such experts as the World Health Organisation. The new legislation removes this criterion.
Clearly, the scope, and potential pitfalls, of disability discrimination are widening and, therefore, even greater consideration is required in employment policies and practices.
Do temps have any rights?
Well yes, all temps have rights. But exactly what they are may not be so clear.
We’re often asked for advice about the status of temporary staff. It is particularly important to define their status – are they employed directly by the company or not?
The first, and perhaps most important, point to make is that all temps have rights, although these do differ depending on who the employer is. A business can employ temps directly by offering them either a definite or indefinite period of employment. If that period is for eight or more weeks, they will need a Statement of Terms and Conditions, similar to that given to permanent staff. It should clearly confirm the period of notice to be given by either side, which may only be a week. Of course, the temp will be entitled to accrue holiday entitlement, which may be calculated at 8.33 per cent of the hourly rate for each hour worked, paid either during the employment or at the end.
While temps working for fewer than eight weeks do not require a statement, it is sensible to confirm the terms of employment in a letter so that these are clear.
Once temporary employees have worked for the same employer for 12 months, they acquire unfair dismissal rights in line with permanent staff and are protected by much of the current employment legislation covering, for example, discrimination and maternity rights.
So, in terms of employment protection, it would seem to work to a company’s advantage to use the services of temps through an agency. But, that may be changing. In recent years, employment tribunals considering unfair dismissal claims by temps have looked at their circumstances and determined that, with the exception of how they are paid, they have the same characteristics as employed staff. Consequently, they are entitled to employment rights.
Concerned about the lack of rights for temps, the EU was due to enact legislation to provide additional protection in the form of the Temporary Agency Workers Directive, but at the moment this initiative has stalled.
Practices are advised to review their approaches to the use of temps, either directly employed or via agencies, to ensure there is clarity in the terms of engagement and that service-acquired rights are recognised.
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